OKLAHOMA CITY — Oklahoma prosecutors will retry longtime death row inmate Richard Glossip a third time for his role in the 1997 killing of his former boss, Attorney General Gentner Drummond said Monday.
The decision comes after the U.S. Supreme Court in February tossed Glossip’s conviction and death sentence. The court determined the original prosecutors in the case allowed a key witness to give testimony they knew to be false, violating Glossip’s constitutional right to a fair trial.
Glossip, who had long maintained his innocence, was twice convicted and sentenced to death for the killing of Oklahoma City motel owner Barry Van Treese in what prosecutors alleged was a murder-for-hire killing. Another man, Justin Sneed, admitted robbing Van Treese and beating him to death with a baseball bat, but testified that he did so after Glossip promised to pay him $10,000. Sneed was the state’s key witness against Glossip and was sentenced to life in prison.
After the Supreme Court’s decision, Drummond, acknowledged retrying the case more than 25 years later would be difficult. Drummond had taken the unusual step of asking the court to overturn Glossip’s conviction, arguing that while he believed Glossip had a role in the killing, he did not believe he had received a fair trial.
“I do not believe Richard Glossip is innocent,” Drummond said after the high court’s ruling. “The mission of this office is to seek justice, not to defend the prosecution.”
Justice Sonia Sotomayor, who wrote for five of the high court’s justices, said additional prosecutorial misconduct, including interfering with Sneed’s testimony, destroying evidence and withholding witness statements, further undermined confidence in the verdict.
During his time on death row, courts in Oklahoma set nine different execution dates for Glossip, and he came so close to being put to death that he had three separate last meals. In 2015, he was being held in a cell next to Oklahoma’s execution chamber, waiting to be strapped to a gurney and injected with drugs that would kill him.
But the scheduled time for his execution came and went. And behind the walls of the Oklahoma State Penitentiary, prison officials were scrambling after learning one of the lethal drugs they received to carry out the procedure didn’t match the execution protocols. The drug mix-up ultimately led to a nearly seven-year moratorium on executions in Oklahoma.